DALTON TOWNSHIP REGULAR BOARD MEETING-SEPTEMBER 12, 2005
7:00 P.M.

BOARD MEMBERS PRESENT: Scott Hladki, Mary Ellen Sherwood, Rosemary Rinella, Mike Hiner, Elizabeth (Petsy) Jenkins and Diane Misze (6).

BOARD MEMBERS ABSENT: Kevin Wright (1).

Supervisor, Scott Hladki, called the meeting to order at the Dalton Township Hall. The Pledge of Allegiance said, invocation given and roll call taken.

MINUTES:
The Regular Meeting Minutes of August 8, 2005 were accepted as presented and placed on filed.

PUBLIC COMMENT:
Connie Burchfield stated she understands a trustee resigned from the Dalton Township Board. She stated that the board should consider a person who is an independent thinker and stated other qualifications that the public may desire in the future appointed trustee. She also questioned why people over the age of 65 are being covered under the township's insurance. She stated this issue has been questioned before many times and asked if there is any resolution yet. The attorney stated that he is currently working on a new ordinance regarding insurance; however, is has not been adopted as of this date. Several people were present regarding two agenda items, those being the adoption of the new Zoning Ordinances for Dalton Township and also regarding an appeal to land divisions that were approved off of West Lake Road. Scott announced that a public hearing would be scheduled to accommodate the many present regarding the proposed zoning ordinance. Scott stated the meeting date and time will be published and posted. Many people left the meeting after this announcement. Many residents questioned the proposed zoning ordinance and the land divisions that were approved by the township's land division specialist. The floor was closed.

Motion by Mike, support by Diane, PASSED to re-open the floor as there were more comments regarding the above mentioned subjects.

Many concerns were stated regarding the land divisions that were approved. Some concerns mentioned were a future subdivision, septic and water concerns, traffic, environmental impact in this area, surveys conducted, and some residents felt that proper notice was not given regarding the land divisions. All those who spoke did not approve of the land splits and the proposed future subdivision. The township attorney comments under this agenda item.

TREASURER'S REPORT:
As of August 31, 2005, the General Fund has $25,801.79, Fire Operating Fund has $78,987.49, and Fire Equipment Fund has $46,938.01. There is $293,990.86 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit.

MONTHLY BILLS:
Motion by Mike, support by Diane, PASSED to approve the monthly bills as submitted. General Fund $57,798.78, Fire Operating Fund $12,871.73, and Cemetery Fund $168.23, Street Light Fund $2,392.04 and other miscellaneous bills were paid from the Building Fund and other miscellaneous funds. Roll call vote. Yes: Mike, Diane, Rosemary, Petsy, Mary Ellen and Scott. No: None.

FIRE BUSINESS:
Monthly Report: Fire Chief, Gary Furman, submitted the Incident Log for August 1 through August 31, 2005. Total number of incidents, including exposure fires was 70, with an average response time of 6.97 minutes.

Canteen Vehicle: Chief Furman stated that the motor home that is currently being used for the canteen vehicle is not being utilized as it is too big, no one wants to drive it, and others reasons stated. He requested the board's permission to put the motor home up for bids to be sold. Chief Furman stated that his fire chief vehicle will be passed down in the future to use as a canteen vehicle.

Motion by Diane, support by Rosemary, PASSED to allow Chief Furman to put the motor home canteen up for bids. Roll call vote. Yes: Diane, Rosemary, Mike, Petsy, Mary Ellen and Scott. No: None.

MAINTENANCE:
Maintenance Supervisor, Keith Ostoin, gave an updated regarding the operations at the maintenance department. He stated that the free dump day is this month and stated what items will and will not be accepted.

ORDINANCE ENFORCEMENT:
A report was given stating that within 60 days, there has been 32 investigations with a few still pending, only one citation issued.

BUILDING INSPECTION- MECHANICAL INSPECTOR:
Building Inspector, Chris Hall, stated that four candidates submitted applications for the vacant mechanical inspector position. Chris stated that Scott Plummer, of Riverside Inspections, LLC, has been conducting the mechanical inspections and stated that he is doing a good job. Discussion followed

Motion by Diane, support by Rosemary, PASSED to appoint Scott Plummer as the Dalton Township Mechanical Inspector. Roll call vote. Yes: Diane, Rosemary, Mike, Petsy, Mary Ellen and Scott. No: None.

RESOLUTION FOR VACATING DOGWOOD:
A petition was received for the vacating of Dogwood Street and no objections have been received. The resolution approves the vacating of Dogwood and directs the Clerk to record this Resolution with the Muskegon County Register of Deeds and with the State of Michigan Treasurer.

Motion by Diane, support by Mike, PASSED to approve the Resolution vacating Dogwood Street. Roll call vote. Yes: Diane, Mike, Rosemary, Petsy, Mary Ellen and Scott. No: None.

PLANNING COMMISSION RECOMMENDATIONS:

A. Recommendation by the Planning Commission to approve a Zone Change for Chris Manna and James Goldman from I (Industrial) to C-3 (Commercial); and also approval of a Special Use Permit for retail sales both for the property located at 3319 Whitehall Road.
Parcel #61-07-600-000-0015-00.

Motion by Diane, support by Mike, PASSED to approve the Zone Change from I to C-3 as requested for the above described property at 3319 Whitehall Road. Roll call vote. Yes: Diane, Mike, Rosemary, Petsy, Mary Ellen and Scott. No: None.

Motion by Diane, support by Rosemary, PASSED to approve the Special Use Permit for Mr. Manna and Mr. Goldman for Retail Sales at the property located at 3319 Whitehall Road. Roll call vote. Yes: Diane, Rosemary, Mike, Petsy, Mary Ellen and Scott. No: None.

B. Recommendation by the Planning Commission to approve a Special Use Permit for Daren Anderson for a Plumbing and Heating business on Holton Road (next to the former Van Donkelaar property) Parcel #61-07-034-400-0014-00.

Motion by Rosemary, support by Mike, PASSED to approve the Special Use Permit for Mr. Anderson as requested for the property on Holton Road. Roll call vote. Yes: Rosemary, Mike, Diane, Petsy, Mary Ellen and Scott. No: None.

C. Ordinance Amendment request submitted by Donald Townsend to amend ordinance Number 164 that would change the timed parking on Lake Street. The Planning Commission recommended denial of this request and leave the ordinance as it is currently written.

Motion by Diane, support by Rosemary, PASSED to deny the request for an ordinance amendment and leave the ordinance as written. Roll call vote. Yes: Diane, Rosemary, Mike, Petsy, Mary Ellen and Scott. No: None.

D. Draft Zoning Ordinance Adoption. This item was taken off of the agenda at the beginning of the meeting to be able to hold a public hearing to address all citizen concerns and be able to retain a building that is able to accommodate all citizens that were present at tonight's meeting.

E. Recommendation for builders to call MISS DIG before any permits are issued by the inspection department.

This item was discussed, however no action was taken. The board did not believe that this stipulation could be placed on permits being issued, but will put a reminder on the permits to call MISS DIG.

APPEAL OF LAND DIVISION AS SUBMITTED ON PETITIONS FROM:
MERLIN HERLEIN AND OTHER AREA RESIDENTS:
Four pages of written petitions were filed to protest the township's approval of land divisions on the newly constructed road, MeadowMohrs Lane located off of West Lake Road between Staple and Middle Lake Roads. Mr. Herlein and several other residents were present and submitted these petitions requesting the board approve their appeal and deny the land divisions that were previously approved by the township's land division specialist. The residents mentioned many reasons for their protest including, low water tables, deterioration of lake quality as the lakes are fed by underground water, traffic in and out of the dead end road for the subdivision was a concern, the beauty of the area being destroyed, also some residents stated with so much traffic, taking walks will be difficult, this also pushes away the wildlife in the area, and other reasons were mentioned as well. It was stated that 70 people surveyed in the area of the land divisions did not approve of the land divisions, and only two people did not care. They stated these land divisions are in preparation for another subdivision and they will continue to build and add more and more houses in this area. Some residents questioned why they were not notified before the land divisions were approved. The township attorney spoke and stated that public notice is not required for land divisions. Lack of surveys on the land that was subdivided was another concern. The attorney stated surveys are not required for land divisions. Frontage requirements of the land divisions and other concerns of the residents were discussed. The attorney stated that no provisions of the Land Division Act have been violated. He stated that all of these land divisions are legal and in accordance with the State Law known as the Land Division Act; adding if the township denies these land divisions we could be sued and would probably lose in court. He stated it is the township board's responsibility to uphold this state law. The attorney advised further and discussed with citizens present. David Spyke, owner of the property being discussed, stated to the residents present that this is his land and he can do whatever he wishes with this property. He stated he could clear cut this entire area if he wished. He stated that he has followed the proper steps to obtain these land division approvals. He commented that he has even given property to adjoining property owners in this area. Heated debate continued. Mr. Herlein stated that the people put their trust in this board and requested the board not betray this trust and support the land division appeal. The attorney again stated that the Land Division Act is very clear and as long as no violations have occurred in this Law the land divisions cannot be denied. He again stated this is state law and the board must uphold the law.

Motion by Mike, support by Scott, PASSED to deny the appeal of the land divisions and uphold the State Land Division Act. Roll call vote. Yes: Mike, Scott, Diane, Rosemary, Petsy and Mary Ellen. No: None.

LAND BID REQUEST FOR TOWNSHIP OWNED PROPERTY:
A request was submitted by Tom Marotta to open bidding on property owned by the township, parcel number 61-07-025-100-0021-00. Discussion took place and it was the consensus of the board that it would be in the best interest of the township to hold onto this property at this time.

Motion by Rosemary, support by Petsy, PASSED to deny the request to place this land up for sale. Yes: all.

RESOLUTION NUMBER FOUR (4) CONFIRMATION OF THE SPECIAL ASSESSMENT ROLL FOR STREET LIGHTING ON DOUGLASS TRAIL AND CAMPRIDGE:
This Resolution confirms the Special Assessment Roll as requested by residents in this area; therefore, public notice was published and sent by first class mail pursuant to PA 188. The public hearing was opened. There was no one present to appeal their special assessment.

Motion by Diane, support by Petsy, PASSED to approve the Resolution Number Four (4) confirming the Special Assessment roll for street lighting district on Douglass Trail and Campridge, as requested by the residents in petition form. Roll call vote. Yes: Diane, Petsy, Mary Ellen, Rosemary, Mike and Scott. No: None.

RESOLUTION APPROVING MUSKEGON COUNTY D.P.W. CONTRACT:
Motion by Diane, support by Mike, PASSED to approve the Resolution approving the Muskegon County D.P.W. Contract in reference to financing the costs of acquiring, constructing and financing wastewater system improvements "The Project". Roll call vote. Yes: Diane, Mike, Rosemary, Petsy, Mary Ellen and Scott. No: None.

APPROVING THE D.P.W. CONTRACT AS STATED ABOVE:
Motion by Mike, support by Diane, PASSED to approve said Contract in reference to the "Project" as mentioned above. Roll call vote. Yes: Mary Ellen, Rosemary, Diane, Mike, Petsy and Scott. No: None.

SIGN FOR TOWNSHIP HALL:
Motion by Rosemary, support by Petsy, PASSED to approve up to $1,000.00 for new signage at township hall. Roll call vote. Yes: Rosemary, Petsy, Diane, Mike and Scott. No: Mary Ellen.

BOARD COMMENT:
Scott stated that he received a letter of resignation from Trustee, Kevin Wright. He stated that the board needs to formerly accept his resignation on today's date of September 12, 2005.

Motion by Diane, support by Mike, PASSED to accept the resignation of Trustee, Kevin Wright on today's date. Yes: Diane, Mike, Rosemary, Petsy, Mary Ellen and Scott. No: None.

Motion by Diane, support by Mike, PASSED to advertise for Kevin's replacement on the Dalton Township Board with the deadline to accept applications and letters of interest, by 4:30 p.m. on September 29, 2005; and for a special meeting to be held on October 3, 2005 to interview candidates for the position,; and appoint a replacement at the regular October 11, 2005 board meeting. Roll call vote. Yes: Diane, Mike, Rosemary, Petsy, Mary Ellen and Scott. No: None.

Scott explained that we have an outstanding invoice with Fleis and Vandenbrink in reference to the roof repairs at the fire station. He stated they are billing us for time spent in court and/or giving depositions regarding the same. Scott said that it was understood when they were hired to oversee this roof repair project that these costs would be a part of this project. Scott requested the board's direction to either pay this invoice or deny payment.

Motion by Diane, support by Rosemary, PASSED to deny payment of this invoice as this was understood these costs would be incurred under this agreement. Roll call vote. Yes: Diane, Rosemary, Petsy, Mike, Mary Ellen and Scott. No: None.

PUBLIC COMMENT:
Karen Fowler, the Township's Representative on the Library Board, was present to update the board on happenings of the library. She stated the State of Michigan approved for a district library to be formed and commented on other recent happenings. Lynn Collinge thanked the board for the weed spraying of Middle Lake and stated the lake is in super condition. She also stated the attorney needs a microphone as it is hard to hear in the back of the room. Other residents made comments regarding lot sizes in the proposed new zoning ordinance, livestock, and contradictions in the same. Steve Ellis was again present at the meeting requesting resolution of legal issues with the township. Annette Vida stated that she will scan in the proposed zoning ordinance into her computer and e-mail to any interested parties. Her e-mail is wolf-friend@hotmail.com.

ADJOURNMENT:
Motion by Diane, support by Mike, PASSED to adjourn at 9:20 p.m.